Common use of LIMITATION OF LIABILITY AND REMEDY Clause in Contracts

LIMITATION OF LIABILITY AND REMEDY. 7.1. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE AMOUNTS WHICH QIAGEN IS CHARGING HEREUNDER DO NOT INCLUDE ANY CONSIDERATION FOR QIAGEN’S ASSUMPTION OF THE RISK OF CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH USE OF THE GOODS OR SERVICES BY CUSTOMER. ACCORDINGLY, CUSTOMER AGREES THAT QIAGEN SHALL NOT IN ANY EVENT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS OR OTHER ECONOMIC LOSS, ARISING IN CONNECTION WITH CUSTOMER’S USE OF OR INABILITY TO USE THE GOODS OR SERVICES. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE AND INDEPENDENT OF ANY FAILURE OF ESSENTIAL PURPOSE OF THE LIMITED WARRANTY AND REMEDIES PROVIDED HEREUNDER. 7.2. QIAGEN’s liability for breach of warranty or for any loss or damage resulting from any other cause whatsoever, including alleged negligence, shall not exceed the lesser of (i) the cost of correcting any non-conformities in the products or services or (ii) the cost of replacing the products or reperforming the services. In no event (including unenforceability of the above limitations and independent of any failure of essential purpose of the limited warranty and remedies provided hereunder) shall QIAGEN’s aggregate liability for damages under this Agreement exceed the purchase price previously paid by Customer for the non-conforming products or services. The parties acknowledge that the limitations set forth in this Section 7.2 are integral to the prices charged under this Agreement and that, were QIAGEN to assume any further liability other than as set forth herein, such prices would of necessity be set substantially higher. Customer expressly agrees that this limitation of damages and remedies shall constitute the exclusive remedies and measure of damages available to Customer and all other remedies and measures of damages which might otherwise be available under the law of any jurisdiction are hereby waived by Customer. 7.3. Without limitation to the generality of the foregoing limitation, QIAGEN shall not be liable for any damage or loss caused by the improper or unapproved use of the products.

LIMITATION OF LIABILITY AND REMEDY. 7.1FREIGHTLINER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PARTS, EXCEPT SUCH WRITTEN WARRANTY OR WARRANTIES AS MAY BE SET FORTH IN THE FREIGHTLINER WARRANTY POLICIES IN EFFECT AT THE TIME FREIGHTLINER ACCEPTS A PURCHASE ORDER HEREUNDER. CUSTOMER ACKNOWLEDGES SUCH WRITTEN WARRANTY IS EXCLUSIVE AND AGREES THAT THE AMOUNTS WHICH QIAGEN IS CHARGING HEREUNDER DO NOT INCLUDE IN LIEU OF ALL OTHER WARRANTIES, INCLUDING ANY CONSIDERATION WARRANTY OF MERCHANTABILITY OR FITNESS FOR QIAGEN’S ASSUMPTION OF THE RISK OF CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY ARISE A PARTICULAR PURPOSE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN CONNECTION WITH USE OF THE GOODS OR SERVICES BY CUSTOMER. ACCORDINGLYTHIS AGREEMENT, CUSTOMER AGREES THAT QIAGEN SHALL NOT IN ANY EVENT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR NO CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURYPUNITIVE OR EXEMPLARY DAMAGES, PROPERTY DAMAGE, LOST PROFITS INCIDENTAL DAMAGES OR OTHER ECONOMIC INDIRECT OR SPECIAL DAMAGE OR LOSS, ARISING IN CONNECTION WITH CUSTOMER’S INCLUDING LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF USE OF PLANT OR INABILITY EQUIPMENT OR LOSS OF EXECUTIVE AND EMPLOYEE TIME, WILL BE RECOVERABLE BY FREIGHTLINER, TA OPERATIONS OR ANY FE LOCATION FOR BREACH OF THIS AGREEMENT OR ANY PART OF THIS AGREEMENT OR FOR ANY CLAIM RELATED TO USE THE GOODS FREIGHTLINER-SOURCED PARTS OR SERVICES. OTHER FREIGHTLINER PRODUCTS OR THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTIONAGREEMENT, WHETHER SUCH DUTY OR OBLIGATION BE CONTRACTUAL IN CONTRACT NATURE, STATUTORY OR TORT, INCLUDING NEGLIGENCE AND INDEPENDENT OF ANY FAILURE OF ESSENTIAL PURPOSE OF THE LIMITED WARRANTY AND REMEDIES PROVIDED HEREUNDER. 7.2OTHERWISE. QIAGEN’s liability for breach of warranty or for any loss or damage resulting from any other cause whatsoever, including alleged negligence, shall not exceed the lesser of (i) the cost of correcting any non-conformities in the products or services or (ii) the cost of replacing the products or reperforming the services. In no event (including unenforceability of the above limitations and independent of any failure of essential purpose of the limited warranty Except insofar as such liabilities and remedies provided hereunder) shall QIAGEN’s aggregate liability for damages under this Agreement exceed the purchase price previously paid by Customer for the non-conforming products are excluded or services. The parties acknowledge that the limitations set forth limited or modified in this Section 7.2 are integral or elsewhere in this Agreement, TA Operations and all FE Locations and Freightliner shall have the remedies available to them with respect to the prices charged under this Agreement sale and that, were QIAGEN to assume any further liability other than as set forth herein, such prices would of necessity be set substantially higher. Customer expressly agrees that this limitation of damages and remedies shall constitute the exclusive remedies and measure of damages available to Customer and all other remedies and measures of damages which might otherwise be available under the law purchase of any jurisdiction are hereby waived by CustomerFreightliner-Sourced Part and shall undertake the liabilities and duties provided in the Uniform Commercial Code as enacted into law and as validly in force in the State of Oregon on the date of such sale and purchase. 7.3. Without limitation to the generality of the foregoing limitation, QIAGEN shall not be liable for any damage or loss caused by the improper or unapproved use of the products.

LIMITATION OF LIABILITY AND REMEDY. 7.1. 7.1 CUSTOMER ACKNOWLEDGES AND AGREES THAT THE AMOUNTS WHICH QIAGEN IS CHARGING HEREUNDER DO NOT INCLUDE ANY CONSIDERATION FOR QIAGEN’S ASSUMPTION OF THE RISK OF CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH USE OF THE GOODS OR SERVICES BY CUSTOMER. ACCORDINGLY, CUSTOMER AGREES THAT QIAGEN SHALL NOT IN ANY EVENT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS OR OTHER ECONOMIC LOSS, ARISING IN CONNECTION WITH CUSTOMER’S USE OF OR INABILITY TO USE THE GOODS OR SERVICES. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE AND INDEPENDENT OF ANY FAILURE OF ESSENTIAL PURPOSE OF THE LIMITED WARRANTY AND REMEDIES PROVIDED HEREUNDER. 7.2. 7.2 QIAGEN’s liability for breach of warranty or for any loss or damage resulting from any other cause whatsoever, including alleged negligence, shall not exceed the lesser of (i) the cost of correcting any non-conformities in the products or services or (ii) the cost of replacing the products or reperforming the services. In no event (including unenforceability of the above limitations and independent of any failure of essential purpose of the limited warranty and remedies provided hereunder) shall QIAGEN’s aggregate liability for damages under this Agreement exceed the purchase price previously paid by Customer for the non-conforming products or services. The parties acknowledge that the limitations set forth in this Section 7.2 are integral to the prices charged under this Agreement and that, were QIAGEN to assume any further liability other than as set forth herein, such prices would of necessity be set substantially higher. Customer expressly agrees that this limitation of damages and remedies shall constitute the exclusive remedies and measure of damages available to Customer and all other remedies and measures of damages which might otherwise be available under the law of any jurisdiction are hereby waived by Customer. 7.3. 7.3 Without limitation to the generality of the foregoing limitation, QIAGEN shall not be liable for any damage or loss caused by the improper or unapproved use of the products.

LIMITATION OF LIABILITY AND REMEDY. 7.1(a) Total liability of MS and its Suppliers to COMPANY under this Agreement, including Section 6, shall be limited to one hundred percent (100%) of the amount having actually been paid by COMPANY to MS under Section 3. CUSTOMER ACKNOWLEDGES COMPANY releases MS and its Suppliers from all obligations, liability, claims or demands in excess of the limitation. (b) The rights and remedies granted to COMPANY under Section 6 constitute COMPANY'S sole and exclusive remedy against MS, its Suppliers, and their officers, agents and employees for any and all claims arising in connection with the Products or the Dedicated Product Deliverables including but not limited to claims regarding MS' delivery of Product or Dedicated Product Deliverables, or indemnification or contribution from MS with respect to any infringement of the rights of a third party, whether arising under statutory or common law or otherwise. (c) MS AND AGREES ITS SUPPLIERS HEREBY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING THOSE FOR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, MERCHANTABILITY AND/OR FITNESS OR A PARTICULAR PURPOSE WHICH ARE EXPRESSLY EXCLUDED. NEITHER MS NOT ITS SUPPLIERS MAKE ANY WARRANTY THAT THE AMOUNTS WHICH QIAGEN IS CHARGING HEREUNDER DO NOT INCLUDE PRODUCT WILL OPERATE PROPERLY ON ANY CONSIDERATION FOR QIAGEN’S ASSUMPTION OF THE RISK OF CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH USE OF THE GOODS OR SERVICES BY CUSTOMERCUSTOMER SYSTEM(S). ACCORDINGLY, CUSTOMER COMPANY AGREES THAT QIAGEN NEITHER MS NOR ITS SUPPLIERS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, INCIDENTAL ECONOMIC OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS PUNITIVE DAMAGES EVEN IF MS OR OTHER ECONOMIC LOSS, ARISING IN CONNECTION WITH CUSTOMER’S USE OF OR INABILITY TO USE THE GOODS OR SERVICES. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS ITS SUPPLIERS HAVE BEEN ADVISED OF THE FORM POSSIBILITY OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE AND INDEPENDENT OF ANY FAILURE OF ESSENTIAL PURPOSE OF THE LIMITED WARRANTY AND REMEDIES PROVIDED HEREUNDERSUCH DAMAGES. 7.2. QIAGEN’s liability for breach of warranty or for any loss or damage resulting from any other cause whatsoever, including alleged negligence, shall not exceed the lesser of (i) As partial consideration for the cost rights granted to COMPANY hereunder, COMPANY agrees not to (A) sue xx (B) bring, prosecute, assist or participate in any judicial, administrative or other proceedings of correcting any non-conformities in the products kind against MS, its Suppliers, their subsidiaries or services or (ii) the cost of replacing the products or reperforming the services. In no event their licensees (including unenforceability without limitation MS OEM customers, OEM Customers, and end users) for infringement of COMPANY Patents (as defined below) which occurs during the Immunity Period (as defined below) on account of the above limitations and independent manufacture, use, sale, or distribution of: 1) Any releases of any failure Product(s) licensed to COMPANY hereunder, except as otherwise provided in (iii), below; or 2) Future releases of essential purpose of the limited warranty and remedies provided hereunder) shall QIAGEN’s aggregate liability for damages under this Agreement exceed the purchase price previously paid by Customer for the non-conforming Product(s), or replacement or successor products or services. The parties acknowledge that the limitations set forth in this Section 7.2 are integral to the prices charged under this Agreement and thatProduct, were QIAGEN to assume any further liability other than as set forth herein, such prices would of necessity be set substantially higher. Customer expressly agrees that this limitation of damages and remedies shall constitute the exclusive remedies and measure of damages available to Customer and all other remedies and measures of damages which might otherwise be available under the law of any jurisdiction are hereby waived by Customer. 7.3. Without limitation to the generality extent such future releases or replacement or successor product(s) use or embody inventions used or embodied in a version of the foregoing limitation, QIAGEN shall not be liable for any damage or loss caused by the improper or unapproved use of the productssuch Product(s) licensed to COMPANY hereunder.

LIMITATION OF LIABILITY AND REMEDY. 7.1. 8.1 CUSTOMER ACKNOWLEDGES AND AGREES THAT THE AMOUNTS WHICH QIAGEN IS CHARGING HEREUNDER DO NOT INCLUDE ANY CONSIDERATION FOR QIAGEN’S ASSUMPTION OF THE RISK OF CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH USE OF THE GOODS OR SERVICES BY CUSTOMER. ACCORDINGLY, CUSTOMER AGREES THAT QIAGEN SHALL NOT IN ANY EVENT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS OR OTHER ECONOMIC LOSS, ARISING IN CONNECTION WITH CUSTOMER’S USE OF OR INABILITY TO USE THE GOODS OR SERVICES. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE AND INDEPENDENT OF ANY FAILURE OF ESSENTIAL PURPOSE OF THE LIMITED WARRANTY AND REMEDIES PROVIDED HEREUNDER. 7.2. 8.2 QIAGEN’s liability for breach of warranty or for any loss or damage resulting from any other cause whatsoever, including alleged negligence, shall not exceed the lesser of (i) the cost of correcting any non-conformities in the products Goods or services Services or (ii) the cost of replacing the products Goods or reperforming re-performing the servicesServices. In no event (including unenforceability of the above limitations and independent of any failure of essential purpose of the limited warranty and remedies provided hereunder) shall QIAGEN’s aggregate liability for damages under this Agreement exceed the purchase price previously paid by Customer for the non-conforming products Goods or servicesServices. The parties acknowledge that the limitations set forth in this Section 7.2 8.2 are integral to the prices charged under this Agreement and that, were QIAGEN to assume any further liability other than as set forth herein, such prices would of necessity be set substantially higher. Customer expressly agrees that this limitation of damages and remedies shall constitute the exclusive remedies and measure of damages available to Customer and all other remedies and measures of damages which might otherwise be available under the law of any jurisdiction are hereby waived by Customer. 7.3. 8.3 Without limitation to the generality of the foregoing limitation, QIAGEN shall not be liable for any damage or loss caused by the improper or unapproved use of the productsGoods.

LIMITATION OF LIABILITY AND REMEDY. 7.1(a) Total liability of MS and its Suppliers to COMPANY under the License Agreement, including Sections 4 and 5 above, shall be limited to one hundred percent (100.00%) of the amount having actually been paid by COMPANY to MS under the License Agreement. CUSTOMER ACKNOWLEDGES COMPANY releases MS and its Suppliers from all obligations, liability, claims or demands in excess of the limitation. (b) The rights and remedies granted to COMPANY under Sections 4 and 5 constitute COMPANY's sole and exclusive remedy against MS, its Suppliers, and their officers, agents and employees for any and all claims arising in connection with the Product(s) or the Product Deliverables, including but not limited to claims regarding MS' duties to correct any Deviations, MS' delivery of Product(s) or Product Deliverables, or indemnification or contribution from MS with respect to any infringement of the rights of a third party, whether arising under statutory or common law or otherwise. (c) SECTION 4 CONTAINS THE ONLY WARRANTIES MADE BY MS OR ITS SUPPLIERS. ANY AND AGREES ALL OTHER WARRANTIES OF ANY KIND WHATSOEVER, Microsoft General OEM Business Terms Document #5110550206-2 dated October 1, 1998 between MICROSOFT LICENSING, INC. and INSIGNIA SOLUTIONS, INC. INCLUDING THOSE FOR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED. NEITHER MS NOR ITS SUPPLIERS MAKES ANY WARRANTY THAT THE AMOUNTS WHICH QIAGEN IS CHARGING HEREUNDER DO NOT INCLUDE PRODUCT WILL OPERATE PROPERLY ON ANY CONSIDERATION FOR QIAGEN’S ASSUMPTION OF THE RISK OF CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH USE OF THE GOODS OR SERVICES BY CUSTOMERCUSTOMER SYSTEM(S). ACCORDINGLY, CUSTOMER COMPANY AGREES THAT QIAGEN MS AND ITS SUPPLIERS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, INCIDENTAL ECONOMIC OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS PUNITIVE DAMAGES EVEN IF MS AND/OR OTHER ECONOMIC LOSS, ARISING IN CONNECTION WITH CUSTOMER’S USE OF OR INABILITY TO USE THE GOODS OR SERVICES. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS ITS SUPPLIERS HAVE BEEN ADVISED OF THE FORM POSSIBILITY OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE AND INDEPENDENT OF ANY FAILURE OF ESSENTIAL PURPOSE OF THE LIMITED WARRANTY AND REMEDIES PROVIDED HEREUNDERSUCH DAMAGES. 7.2. QIAGEN’s liability for breach of warranty or for any loss or damage resulting from any other cause whatsoever, including alleged negligence, shall not exceed the lesser of (i) As partial consideration for the cost of correcting any non-conformities in rights granted to COMPANY under the products or services License Agreement(s), COMPANY agrees not to (A) xxx, or (iiB) the cost bring, prosecute, assist or participate in any judicial administrative or other proceedings of replacing the products any kind against MS, its Suppliers, their subsidiaries, or reperforming the services. In no event their licensees (including unenforceability without limitation OEM customers and end users) for infringement of COMPANY Patents (as defined below) which occurs during the Immunity Period (as defined below) on account of the above limitations and independent of any failure of essential purpose manufacture, use, sale or distribution of: 1) Any releases of the limited warranty and remedies Product(s) licensed to COMPANY under the License Agreement, except as otherwise provided hereunderin subsection (iii), below; or 2) shall QIAGEN’s aggregate liability for damages under this Agreement exceed Future releases of the purchase price previously paid by Customer for the non-conforming products Product(s), or services. The parties acknowledge that the limitations set forth in this Section 7.2 are integral replacement or successor product(s) to the prices charged under this Agreement and thatProduct, were QIAGEN to assume any further liability other than as set forth herein, the extent such prices would future releases or replacement or successor product(s) use or embody inventions used or embodied in a version of necessity be set substantially higher. Customer expressly agrees that this limitation of damages and remedies shall constitute the exclusive remedies and measure of damages available such Product(s) licensed to Customer and all other remedies and measures of damages which might otherwise be available COMPANY under the law of any jurisdiction are hereby waived by CustomerLicense Agreement. 7.3. Without limitation to the generality of the foregoing limitation, QIAGEN shall not be liable for any damage or loss caused by the improper or unapproved use of the products.

LIMITATION OF LIABILITY AND REMEDY. 7.1(a) MSLI's liability to COMPANY under any provision of this Agreement shall be limited to [**]. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE AMOUNTS WHICH QIAGEN IS CHARGING HEREUNDER DO NOT INCLUDE ANY CONSIDERATION FOR QIAGEN’S ASSUMPTION OF THE RISK OF CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH USE OF THE GOODS OR SERVICES BY CUSTOMER. ACCORDINGLY, CUSTOMER AGREES THAT QIAGEN SHALL NOT IN ANY EVENT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS OR OTHER ECONOMIC LOSS, ARISING IN CONNECTION WITH CUSTOMER’S USE OF OR INABILITY TO USE THE GOODS OR SERVICES. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE AND INDEPENDENT OF ANY FAILURE OF ESSENTIAL PURPOSE OF THE LIMITED WARRANTY AND REMEDIES PROVIDED HEREUNDER. 7.2. QIAGEN’s MSLI's limitation of liability for breach of warranty or for any loss or damage resulting from any other cause whatsoever, including alleged negligence, shall not exceed the lesser of (i) the cost of correcting any non-conformities in the products or services or (ii) the cost of replacing the products or reperforming the services. In no event (including unenforceability is cumulative with all MSLI's expenditures being aggregated to determine satisfaction of the above limitations and independent limit. The existence of any failure of essential purpose of the limited warranty and remedies provided hereunder) shall QIAGEN’s aggregate liability for damages claims or suits against more than one Product licensed under this Agreement exceed will not enlarge or extend the purchase price previously paid by Customer for limit. COMPANY releases MSLI from all obligations, liability, claims or demands in excess of the non-conforming products or serviceslimitation. The parties acknowledge that other parts of this Agreement rely upon the limitations set forth in inclusion of this Section 7.2 are integral to the prices charged under this Agreement and that, were QIAGEN to assume any further liability other than as set forth herein, such prices would of necessity be set substantially higher. Customer expressly agrees that this limitation of damages and remedies shall constitute the exclusive remedies and measure of damages available to Customer and all other remedies and measures of damages which might otherwise be available under the law of any jurisdiction are hereby waived by Customer14. 7.3. Without limitation to the generality of the foregoing limitation, QIAGEN (b) MSLI shall not be liable to COMPANY for costs or losses which COMPANY incurs due to the failure by a Customer to pay for Product, nor due to Product inventory held by COMPANY for any damage Customer to which COMPANY is unable to deliver such Product inventory due to termination of the respective Customer Agreement, expiration of the respective Customer Agreement, removal of Product(s) from the ORION system, or as a result of Customer's placement on shipment hold. (c) In no event shall MSLI be liable for any indirect, incidental, special or consequential damages, or damages for loss caused of profits, revenue, data or use, incurred by the improper COMPANY or unapproved any third party in connection with use of the productsORION software, whether in action in contract or tort, even if the other party has been advised of the possibility of such damages. ANY AND ALL MSLI OR MICROSOFT WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING THOSE FOR MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY, ARE EXPRESSLY EXCLUDED. COMPANY AGREES NEITHER MSLI NOR MICROSOFT SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, ECONOMIC OR PUNITIVE DAMAGES, EVEN IF MSLI OR MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.